Politics
Hawaii Lawmakers Move To Hand Marijuana Legalization Decision Over To Voters
Published
on January 21, 2026
Hawaii Lawmakers Move to Put Marijuana Legalization on the Ballot After Legislative Stalls
Key Hawaii lawmakers have introduced new legislation that would place the question of marijuana legalization directly before voters, marking a significant shift after years of unsuccessful efforts to enact reform through the legislature.
The proposal comes after repeated attempts to legalize cannabis gained momentum in recent sessions but ultimately failed to cross the finish line. Lawmakers backing the new plan appear to be acknowledging that while public support is strong, legislative consensus remains elusive.
If approved by the legislature, Hawaii voters would see the following question on the November ballot:
“Shall the Constitution of the State of Hawaii be amended to:
(1) Authorize individuals aged twenty-one and older to use and possess personal-use amounts of cannabis; and
(2) Require the legislature to enact laws governing the use, manufacture, distribution, sale, possession, regulation, and taxation of cannabis within the State?”
Should a majority of voters approve the constitutional amendment, adult-use marijuana legalization would take effect on July 1, 2027.
Lawmakers Cite Public Support, Legislative Gridlock
The ballot proposal is being led by House Judiciary and Hawaiian Affairs Committee Chairman David Tarnas (D) and Senate Health and Human Services Committee Chair Joy San Buenaventura (D). Tarnas’s House version includes 13 additional cosponsors.
“This is kicking this particular policy decision—very selectively—to the public for a decision,” Tarnas said in a recent interview. He has previously sponsored multiple marijuana reform bills, including legalization measures.
Advocates say the move reflects frustration with repeated legislative failures despite clear public backing.
“Year after year, the Hawai‘i Legislature has failed to enact cannabis legalization, despite strong popular support,” said Karen O’Keefe, state policies director for the Marijuana Policy Project. “It’s time for legislators to give voters the power to expand their privacy and liberty directly.”
Governor Josh Green (D) supports cannabis legalization, and polling has consistently shown that a majority of Hawaiians favor the policy change. Still, the ballot strategy suggests sponsors do not expect legalization to advance through the legislature this year.
Placing the question on the ballot as a constitutional amendment would require a two-thirds vote in both chambers of the legislature.
Parallel Efforts Continue in the Legislature
Even as they push for a ballot measure, Tarnas and San Buenaventura have also filed separate statutory legalization bills for the 2026 legislative session, keeping multiple paths to reform open.
House Speaker Nadine Nakamura (D) has acknowledged widespread public support but noted that some House members—particularly from Oahu—remain opposed to legalization.
That internal resistance has repeatedly stalled reform. Last February, the Hawaii Senate narrowly defeated a proposal that would have increased the amount of cannabis decriminalized in the state from 3 grams to 15 grams, which would have reclassified possession as a civil violation punishable by a $130 fine.
A broader adult-use legalization bill, SB 1613, also stalled after failing to advance out of committee. While advocates believed the Senate had sufficient votes, it was widely expected the House would block the measure—just as it did in 2024 when a companion bill, HB 1246, was halted.
Incremental Reforms Continue Despite Legalization Stalls
Although full legalization has yet to succeed, Hawaii lawmakers and regulators have continued to advance incremental cannabis reforms.
Last year, Governor Green signed legislation allowing medical marijuana caregivers to grow cannabis for up to five patients, an increase from the previous one-patient limit. He also approved new rules governing hemp products, requiring distributors and retailers to register with the Department of Health.
In April, Green signed HB 132, a bill aimed at speeding up the expungement of marijuana-related criminal records. The measure removes distinctions between marijuana and other Schedule V substances that previously forced officials to manually review thousands of records.
Meanwhile, regulators finalized rules in November allowing medical marijuana dispensaries to sell additional products such as dry herb vaporizers, rolling papers, and grinders, while clarifying that cannabis oils and concentrates may be marketed for inhalation.
State officials have also voiced support for federal marijuana rescheduling, a process ordered by President Donald Trump last month but not yet completed.
Preparing for a Legalization Future
Regulators are taking additional steps that suggest preparation for potential adult-use legalization. The state has launched educational courses for physicians on medical marijuana and recently sought proposals to evaluate the current medical cannabis program and estimate demand for recreational sales.
Some advocates interpreted that move as a sign that agencies are quietly preparing for reform—even as lawmakers struggle to pass legalization outright.
For now, supporters say the ballot proposal may be the most direct path forward.
After years of near-misses, Hawaii voters could soon be the ones to decide the future of cannabis in the state.
